A finding of wilful misconduct was not supported when there was no evidence other than that a professional lorry driver had fallen asleep at the wheel.

The Court of Appeal so stated when allowing the appeal of TNT Global SPA against a decision of Judge Kershaw, QC, at Manchester Mercantile Court on July 5, 2006, that damage to Denfleet International Ltd’s cargo of pharmaceuticals carried by lorry by TNT, through a